S.B. 50 Enrolled

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LONG TITLE
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General Description:
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This bill modifies the Transportation Code by amending provisions relating to the
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Department of Transportation's duty for liability purposes.
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Highlighted Provisions:
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This bill:
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. provides that the Department of Transportation shall exercise reasonable care in
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designing, constructing, and maintaining a state highway in a reasonably safe
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condition for travel;
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. provides that nothing in the Department of Transportation's defined responsibilities
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shall be construed as:
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. creating a private right of action; or
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. expanding or changing the department's common law duty for liability purposes;
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and
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. makes technical corrections.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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72-1-201, as last amended by Laws of Utah 2011, Chapter 66

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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
72-1-201
is amended to read:
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72-1-201. Creation of Department of Transportation -- Functions, powers, duties,
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rights, and responsibilities.
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(1) There is created the Department of Transportation which shall:
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[(1)] (a) have the general responsibility for planning, research, design, construction,
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maintenance, security, and safety of state transportation systems;
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[(2)] (b) provide administration for state transportation systems and programs;
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[(3)] (c) implement the transportation policies of the state;
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[(4)] (d) plan, develop, construct, and maintain state transportation systems that are
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safe, reliable, environmentally sensitive, and serve the needs of the traveling public, commerce,
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and industry;
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[(5)] (e) establish standards and procedures regarding the technical details of
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administration of the state transportation systems as established by statute and administrative
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rule;
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[(6)] (f) advise the governor and the Legislature about state transportation systems
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needs;
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[(7)] (g) coordinate with utility companies for the reasonable, efficient, and
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cost-effective installation, maintenance, operation, relocation, and upgrade of utilities within
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state highway rights-of-way;
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[(8)] (h) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
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Act, make policy and rules for the administration of the department, state transportation
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systems, and programs; and
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[(9)] (i) annually report to:
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[(a)] (i) the Transportation Interim Committee, by November 30 of each year, as to the
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operation and maintenance needs for highways; and
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[(b)] (ii) an appropriate legislative committee as designated by the Legislative

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Management Committee the transfers that need to be made between all transportation-related
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funds to maintain the state highway construction program as prioritized by the commission.
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(2) (a) The department shall exercise reasonable care in designing, constructing, and
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maintaining a state highway in a reasonably safe condition for travel.
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(b) Nothing in this section shall be construed as:
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(i) creating a private right of action; or
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(ii) expanding or changing the department's common law duty as described in
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Subsection (2)(a) for liability purposes.